Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-12-19

lssermey Riadle Decides that 10 was
Improperly lssued.

Attorney Rsaale Decide. that 10 was
Improperly Issued.
At THE fNI n WAS GRANTED. M SAWS CONDITIONS
ExisrED REorrRrse rrs RkJRcrIoS-sow A LEGAL
QUESTION VAS COMPLICATED Br CAPT. srAcxFosps
uSHxPscrED psAru.
Mr. Riddle, attorney for the District advises the
District Commissioners 70 cancel the Brosnan H.
quor license, which has become an issue BET ween
the District authorities and the representatives of
Temperance organizations The issue was made
street, Of Capt Blackboard when on his way 10 the
Commissioners with an afidavit withdrawing q
signature non the application Mr.. Riddle holes
tnat the license was improperly issued. Commits
sioner Webb In his letter TO Mr. Riddle requesting
his consideration OF the matter, says:
~ Transmit herewith the application OF John
WITH sg Of
sss.a ia sPpsfsniiy by Sy t re late os ss'
ton Of the papers ns both 0 she assessor @ ana
the lieutenant OF police In whose precinct
ns soGr Is aSe Sas 6 sse sSuS
ton Of the case by the Commissioners John Q
his permission for the establishment OF the pro-
posed darkroom. This necessitated a re-examins-
ton OF the papers by the assessor, and report
owners On December last Resinger appeared
before the assessor and, In his presence, and In
ture 10 the snnlica,ion snd gNna m,s ss ma
destroyed his protest against the issue OF the
license. whereupon the assessor certified that the
application had q majority OF owners
"The papers came before the Commissioners for
determination at about 10 O'Clock on the morning
OF the 9th instant when Capt. Blackrord appeared
O'Clock, stating that by that hour he should not
prove that Brosnan had not obtained majority
further delay. The request was accorded capt.
Backford not presenting himself at IL O'Clock the
license was issued between the hours OF IL and ~
license the Commissioner were apprised OF the
sudden death Of Capt Blackford, which occurred
shortly after his interview with them and apower
OF attorney was exhibited from John G. Reslnger,
dated the 9th December, authorizing his son, John
Henry Reisinger, 10 sign his name TO any papers
west and 70 Wlharaw S,s S name tro% sny psper
heretofore signed by him. the said John G. Reistn-
ger. The letter OF withdrawal, singed John q.
was not submitted to the Commissioners until
Monday, the 18th instant as Will appear from the
accompanying letter OF that date singed by MIS-.
them that the paper signed John q. Reisinger, per
II. Reisinger, Withdrawing the formers name from
Brosnan's application, was 20 signed before the
Commissioners was only prevented by the death
OF Capt. Blackford The question Is whether
under these circumstances the Commissioners have
the power TO reopen the case"
ATTORNEY RIDDLES OPINION.
Mr. Riddle In his opinion says: in this case Bros
mans list OF permitters has a majority by one.
Before the application was acted on, one OF them,
Jno. G. Reisinger, Withdrew his permission. He
again changed MS mind, and affirmed his permis-
SION as might legally do. This carried the case
on In point OF time I'LL 10 O'Clock AIN or the 9th,
when the late Capt BlacSford appeared, and asked
facie mind OF J. @. Resinger. After the lapse OF
this time, no word, note or sign Of his action sue
cess or failure, having reached the board. nnal
action was had, and the license granted as asked
for.
IAN the forms OF law were compiled with, all the
acquisitions Of the statute Were thus met. Appa-
renIly there was the required majority OF ow ners
permitting II. The Commissioners seemed to have
full jurisdiction Of the case AS matter OF fact at
III O'Clock, when the decision was made, was this
apparent majority real: We're all the conditions
OF the law really present? Samuel H. Walker
swears that about AS OF the 81 Capt Black
ford and keisinger, the son. called at his Office,
showed him a note signed by the son Henry John
p. II. r. Withdrawing his fathers permission
for The license, and requested him TO prepare a
power OF attorney showing that the son was au-
thorzed TO make such withdrawal which he did,
and sent for notary TO loits properexecution.
That Backford then started for the Commits
soner'S office 10 procure an extension or time.
Henry Rei,inger makes oath that lac was author
tied 10 withdraw his fathers name from the per-
mission for said license on the slh that the date
was changed 10 the 9th, TO correspond with the
date OF the power OF attorney executed by his
father authorizing him TO withdraw his maine:
tDdt odlu uOtc VI 81 duluOIUtl WAS
In the hands Of Capt. Blackboard at the time
OF his death on Tue forenoon OF the 9th.
Then follows the af1idayitS OF Florence Ball and
Amanda Birch that the power or attorney OF the
elder Reisinger-John q. 10 the son Henry-Jh HIP.
was signed at l0:l5 O'Clock or the morning OF the
9th, and witnessed by them. The evidence Is
complete. The note or Withdrawal was author
lied In fact on the Stn, and written IL required
no formal power OF attorney. That was, however,
executed on the 9th for proof to the Commission
ers The whole was done at Quarter-Dast TO- at
which time the name Tor all lawIul-li legal pur-
poSeS-waS Withdrawn, though the Commission
ers ignorant OF the TACT treated IL as stl properly
one OF the list.
zine conclusion is unavoidable. The license was
Improperly granted The conditions on which
alone It could issue did not at the time exist,
though the action OF the Commissioners was III
course, In good faith 1 recommend that the Ia
cense be Cancelled, as issued Inadvertently, ana not
authorized by Law. That the license lee be re-
funded and that the applicant have notice OF this
action and that he be not prosecuted FOR any vio-
lation OF the license law within IwenJy-Iour hours
after service OF such notice. save Tor oenses penal
under q regularly issued license"
NO ACTION ON THE REPORT TO-DAY.
No Official action was taken by the Commits
sioner to-day.